The dacha amnesty has been extended. Putin signed the law on August 2, 2021. From now on, you can register a house on a summer cottage using a simplified procedure.
Attention! 12/08/2020 Law 404-FZ was adopted on the extension of the Dacha Amnesty until 2026 and on expanding the scope of its application - details.
Let's look at step by step how to register a house under the dacha amnesty.
Pitfalls you may encounter when designing a garden house
Often, citizens, turning to a cadastral engineer for registration of their country garden or residential building, find out that their plot is not demarcated and, along with the preparation of a technical plan, they need to fork out for land surveying. Read about why land surveying is needed in the article: “How land surveying is done.” When registering a country garden, residential building and other buildings, unforeseen circumstances may arise that prevent cadastral registration. Depending on the complexity of the situation, home registration may take several months or years.
We wrote about some additional nuances of delaying the cadastral registration of real estate in separate articles. List of articles by topic below:
Suspension of registration of ownership of real estate What is a cadastral error and how to correct it The disk in the MFC or Rosreestr cannot be read Extension of the dacha amnesty
“Dacha amnesty”: how to take advantage of it
July 29, 2019
On July 25, the State Duma adopted in the third and final reading a law that extends the “dacha amnesty” - the opportunity for citizens to register ownership of a house or plot in a simplified manner. Pavel Krasheninnikov explains how the new law will work and why it is important not only for summer residents, but also for city residents.
.
How long will the “dacha amnesty” last and why was its introduction necessary?
– The “Dacha Amnesty” has been in effect for 13 years – since 2006, and during this period millions of Russians were able to take advantage of the simplified procedure for registering their rights to household real estate. About 13 million objects were registered: land plots, dachas, garden houses, garages, bathhouses, etc.
Since March 2021, the simplified procedure has ceased to apply, but the issue of registering real estate for many citizens remains unresolved.
Therefore, a law was prepared to restore the “dacha amnesty” until March 1, 2021 and to expand its scope by addressing a number of issues of concern to citizens.
The changes will come into force on the date of official publication of the law. And citizens will have enough time to register their rights to dacha real estate and manage these rights in the future.
And the state will have an understanding of who owns which objects.
Who can take advantage of the “dacha amnesty”? What documents are needed for simplified property registration? Where can I contact them?
– The new stage of the “dacha amnesty” affects various real estate properties.
The basic rules on a simplified procedure for registering property rights apply to residential and garden houses located on garden (dacha) land plots. To register rights to such real estate, citizens will need to submit to Rosreestr, in addition to the land document, only a technical plan. It is prepared by a cadastral engineer on the basis of a declaration filled out by the copyright holder himself, or design documentation for the property. The owner will be able to submit documents for registration of ownership rights to the registration authority independently.
What is important, the law establishes the obligation of authorities to inform citizens about changes in the rules for building houses on summer cottages and garden plots. We are talking about explanatory work on the ground, since taking into account the changes taking place, it can be very difficult for citizens to understand on their own.
How much will it cost citizens to register real estate under the “dacha amnesty”?
– For state registration of property rights, a citizen will need to pay a fee of 350 rubles.
As for the prices for cadastral work, which are necessary for the preparation of a technical plan, here we are making the norm by which regions can control prices from inflating by setting their maximum limit unlimited. This applies to work on land surveying of land plots intended for citizens to conduct personal subsidiary plots, gardening, vegetable gardening, individual garage and individual housing construction, and real estate located on them.
What other issues important to citizens are resolved in this law?
– The law also takes into account the interests of members of gardening and vegetable farming associations. For them, the period for preferential free provision of ownership of land plots that are publicly owned and provided by SNT for gardening, vegetable gardening or summer cottage farming is extended until March 1, 2022 until the entry into force of the Federal Law “On the entry into force of the Land Code of the Russian Federation” (i.e. that is, until November 10, 2001). This also applies to public lands, which can be registered as common property of the members of the partnership.
And what will the decision give to citizens, residents of apartment buildings, that the authorities must carry out all the necessary actions to form a land plot adjacent to the territory of apartment buildings?
– The law establishes the direct responsibility of the authorities to carry out all necessary actions for the formation of a land plot adjacent to the territory of apartment buildings: land surveying, registration with the state cadastral register. Moreover, regardless of the appeal of the owners of premises in such houses. This applies to houses built before the entry into force of the Housing Code - that is, before March 1, 2005, under which land plots were not formed.
This issue is extremely important for residents of apartment buildings, since it allows them to dispose of the land as they enter - for example, place a children's playground or put up a gazebo, benches, or make flower beds.
In addition, the question plays a role in determining the cost of a sold apartment in an apartment building, which increases taking into account the price of the formed land plot. It is also important in resolving land disputes. And not only for citizens, but also for the authorities themselves in terms of territory distribution.
Authorities will have to notify the owners of premises in apartment buildings about the work being carried out to form a land plot - no later than 5 working days after the relevant decision is made. Information about this should be posted on information boards located at the location of the apartment building, as well as on the official website of the authorized government body.
The importance of this norm for city residents was also explained by the Chairman of the Committee on Housing Policy and Housing and Communal Services Galina Khovanskaya
.
She emphasized that the amendment establishes the obligation of public authorities to carry out all necessary actions to form a land plot adjacent to apartment buildings. However, she clarified that citizens should not pay money for this.
Galina Khovanskaya also noted that in case of relocation from emergency housing stock, in accordance with the norm, citizens have the right to compensation taking into account the cost of the site. She cited as an example the situation that occurred in Tatarstan, where residents of dilapidated houses received compensation for which it was impossible to buy equivalent housing.
“If the house is in disrepair, the room itself is worth nothing. And the cost, as a rule, is the plot of land that is located under this apartment building. Moreover, if the plot is not registered in the cadastral register, it is the property of public authorities. This enabled the authorities to pay paltry compensation to the owners of the premises. Naturally, this caused indignation among citizens. Let’s see what kind of enforcement there will be, because before this it was not in favor of residents and owners in apartment buildings.”
, she noted.
All news
Source:
The State Duma
Other new dacha laws for 2021
The amendments affected not only the simplified privatization of country houses and outbuildings.
About fire safety
The new fire law came into force in 2021, imposing further restrictions on country picnics with open fires.
And now the rules for lighting a fire at a summer cottage require compliance with the following conditions:
- the distance from the fire to the residential building is at least 50 m (when using a barbecue, it can be reduced to 10 m);
- An open fire can only be lit in special non-flammable containers or in a pit with a depth of 0.3 m and a width of 1 m;
- preliminary means of extinguishing the fire should be located within close reach of it (this list may include not only a fire extinguisher, but also water in buckets, containers with sand and other means of extinguishing the flame)
- mandatory availability of communication means to quickly call fire services in case of dangerous situations;
- absence of flammable objects at a distance of 2 m from the fire.
The changes were introduced by Resolution No. 1479 of September 2020.
For violation of fire safety standards, a fine of 2 to 5 thousand rubles is provided.
Innovations for SNT
Summer residents were not only affected by the amnesty, which simplified the procedure for registering buildings. Residents of SNT, namely the chairmen of the agricultural partnership, undertake to ensure free entry of fire equipment. The latter must have round-the-clock access to hydrants and other sources of water.
Among other things, partnership members are exempt from mandatory notification of upcoming meetings. Now it will be enough to write the date and time of their holding in the charter. In this case, the innovation concerns exclusively issues provided for by the charter of a particular partnership.
The chairmen of the agricultural partnership undertake to ensure the free entry of fire equipment. The latter must have round-the-clock access to hydrants and other sources of water
The dacha amnesty allows you to “legalize” country property without additional construction permits and the mandatory commissioning of real estate. The issue of extending the favorite law of summer residents worried citizens who wanted to acquire property outside the city limits. And now they have another 5 years to solve all the existing bureaucratic problems.
Who can register a house in a gardening partnership
The owner or possessor of the land can register a house on a SNT land plot. It looks like this.
A gardening non-profit partnership has the right to own all the land that belongs to this organization. Having received a plot of land in SNT, a citizen acquires the opportunity to legally conduct gardening activities on it and erect buildings.
In addition, he can register ownership of this plot and all real estate located on it. The land will be registered in the cadastral register as an independent unit.
Citizens who own a plot of land but have not previously registered ownership of it, for example, when inheriting land, can take advantage of the garden amnesty.
How to obtain permission to build a house in SNT, read our article.
